Monday, September 23, 2013

Opening ceremony

The State level consultation for the effective
implementation of the sexual harassment laws was held on 15th September,
2013. The consultation started with the welcoming and introduction of the chief
guests present in the event namely; Ms. Indira Jena, Ms. Abha Singhal Joshi, Ms. Neelu, Ms. Kirti as
well as the participants. Thereafter, the guests lighted the lamps (Deep
Prajwalan) marking the inauguration of the consultation.

Introduction to the consultation

After
the inauguration of the consultation, Ms. Neelu, the Chairperson of Mahila
Jagaran Kendra gave a brief introduction to the consultation and its
objectives. She narrated that since the establishment of Mahila Jagaran Kendra
it has been working on the women centric issues. It had worked on violence
against women in different geographical regions of Bihar. Further, she said
that since in the recent past certain cases related to sexual harassment of
women at workplace have come in light, the organization took the responsibility
to take this issue in the public sphere and designed a blue print for taking
forward this issue. She acknowledged the guidance and support of Ms. Indira
Jena, the Co-founder of NIRNAYA for 20 long years as well as for the current
assignment. Moreover, she thanked Ms. Abha Singhal Joshi, the Supreme Court Advocate
and Legal Advisor to Aap ki kachhari for being a continuous and constant
support in the legal areas.

Release of the report

A
report on “the sexual harassment of women at workplaces in Patna” was released
by the Hon’ble Guests; Ms. Indira Jena, Ms.
Abha Singhal Joshi, Ms. Neelu, Ms. Kirti in the public domain.

Presentation to the report

A
presentation was made by Ms. Puja about the major findings of the report. While
presenting the report she mentioned the objectives of the survey and study as
“reporting the actual working conditions of women at their workplace, the
number of the women affected by sexual harassment at workplace in various
sectors, the level of awareness among the respondents (male and female) about
the sexual harassment laws, finding out the rate of compliance of the laws, the
number of women benefitted by the sexual harassment laws.” While mentioning the
key findings she revealed some eye opening facts such as “only 26 % women occupy
the managerial position.55 % women felt discomfort and fear while talking on
the issue of their sexual harassment or colleagues. 60 % women are sexually
harassed at the workplace. 35 % accepted they are harassed, while 25 % said
their women colleagues were harassed. Only 8 % victims filed complaint against
sexual harassment in different forums such as; police stations, Mahila Thana,
women helpline, complaint committee etc. 47 % sexual harassment cases occurred
in unorganized sector, 28 % in private sector and 25 % in the government
sector. 71 % of the harassed women were literate, while, 29 % were illiterate.
48 % women said that their employers take steps for their safety. Only 25 %
respondents said that the sexual harassment complaint committee has been formed
in their organization/institution. 97 % respondents said that their office does
not display any folder or poster on awareness about laws relating to sexual
harassment. 17 % total respondents and 20 % women respondents hardly were aware
of the Vishakha Guidelines. 78 % respondents felt that sexual harassment has
increased in the recent years.” Further, she also stated the recommendations
provided in the report to the government stating that “the definition provided
in the act must be specific, submission of quarterly report by complaint
committee, awareness campaign by government for propagating the provisions of
the related laws, training of the police officials, police personnel,
magistrates on legal aspects, establishment of regulatory body to review the
implementation of the sexual harassment laws.”

Legal training provided by Ms. Abha Singhal
Joshi

Ms. Abha Singhal Joshi, the Supreme Court Adocate
and the legal advisor to “Aap ki
Kachhari” provided a valuable and informative speech on the legal aspects
of the sexual harassment of women at workplaces. She said that we must keep
three things in mind when we talk about the sexual harassment, those are; the
Constitution of India, the legislations and the judgments. She further informed
the participants that we have right to equality, right against discriminatory
treatment based on gender, right to live with dignity, right to freedom of
speech and expression and right to practice any business, trade, profession
according to our choice. Moreover, the women also have certain special rights,
such as, related to marriage, property, wages on workplaces etc.

She
further added that despite several provisions for the protection of the right
of women they have to face discriminatory treatment on the basis of gender,
such as; not getting adequate and proper work/job, wages, facilities and sexual
harassment. While taking on the issue of sexual harassment she discussed the Bhawri Devi Case or the Vishakha Vs. state of Rajasthan case (where
a social worker was brutally gang raped by the men) and said that in this very
case for the first time a guidelines was laid down by the Supreme Court in the year
1997. Thereafter, in the year 2013 a specific legislation was enacted by the
legislature named the sexual harassment of women at workplace (prevention,
prohibition and redressal) Act, 2013, she said. She informed the participants
about the definition of sexual harassment provided under section 2 of the act
stating that “any sexually physical contacts or advances, sexually implicit
behavior, sexually coloured remarks on physical appearances and signs or
symbols, showing pornography, promise of providing gains, threatening the women
of bad consequences on her career in present or in future, are covered under
the definition of sexual harassment”.

She also explained that a women who alleges that she
has suffered sexual harassment at her workplace whether an employee or not will
be covered under the definition of sexual harassment. Any government or private
institution or organization, or any house hold will be included within the
purview of workplace under the act, she added.

While discussing the prevention and complaint
procedures, the duties of the employer she said that every employer is under
duty to set up a complaint committee at their workplaces. Moreover, a local
complaint committee has to be formed by the District Magistrate in every block
of each district. Further, she said that the complaint shall be filed by the
victim in written to the complaint committee. Thereafter, if the women would
agree for conciliation then the matter would go for conciliation otherwise an
inquiry will be conducted on the complaint received. Victim can go for 3 months
leave after the complaint and can ask for transfer of the perpetrator or
herself.

Further discussing about the false complaint
provision provided under section 14 of the act she said that “in most of the
cases where such complaints are lodged, the women are further victimized by
stating that the women filed a false complaint.”

Speech by Ms. Indira
Jena

Ms. Indira Jena, the Co-founder of NIRNAYA and the
feminist activist gave an excellent speech which was so effective that there
was a pin drop silence in the entire hall. She started her narration with some
of her personal experiences in life relating to the physical, mental,
psychological and sexual hazards faced by women starting from home to the
workplaces and the world outside. She shared one of such incidence of sexual
harassment with a nurse working in her uncle’s hospital to which she was the
witness, when she protested such uncivilized behavior she was also harassed by
the perpetrator. During that time she was a child and was scared of the whole
incident and suffered mental agony. When she discussed this incident with her
parents even they were not able to take any action because of the family web. Moreover,
also shared that when she was working with a bank she had to face odd
behaviours by her male seniors which made her feel uncomfortable but she was
not able to protest. After a very long period of time she was able to raise
voice against her perpetrators. Further, she also said that when the women
organizations including her was protesting against the sexual harassment of
women at workplace, then also they had to faced several hazards and the protest
was not very successful.

Citing these incidences she said that these
incidents occur with most of the women and girls but they suffer in silence.
She emphasized that the women must show a stringent attitude against these
incidents and they must send a strong message by protesting against atrocities
that enough is enough and any kind of violence against women cannot be
tolerated any longer. Further, she said that Mahila Jagaran Kendra has been
working on the issues of sexual harassment since long period of time
excellently and that they will further carry on their tasks with honesty,
passion and zeal.

Speech by Ms. Kirti

Ms.
Kirti first of all acknowledged the valuable legal info provided by Ms. Abha
Singhal Joshi. She also appreciated the guidance provided by Ms. Indira for further
taking forward this issue. While delivering her speech she said that women have
not been treated at par with the men in our society from the very beginning and
our laws made for the protection of women are evident to this fact. The women in
our society have always been subject to atrocities and discriminatory
treatment. Therefore, first of all we need to develop such environment where
there could be a balance between men and women. She further emphasized that
together we all need to address this issue as it is a social concern. Moreover,
giving a boost to the participants present in the consultation she said that
the women who have faced sexual harassment or rape or have suffered from loss
of dignity must not get disheartened and must come forward to deal with the
odds as, so that they may serve as a example for them.

Presentation of the case by the victims

Two cases of sexually harassed women were narrated
by the victims themselves who have struggled and are still struggling for
justice. They have been an ideal for the other women who have or had suffered
from sexual harassment at workplace.

While
narrating her case, the Associate Professor of IGIMS said that she was being harassed by
the Director of the IGIMS, Mr. Arun Kumar continuously since her appointment in
2011. While narrating the whole incidence she said that she was physically,
mentally and sexually harassed by the Director. She was also assaulted by the
aides of the Director in the IGIMS campus itself. The Director has lodged
several false cases against her in order to prevent her from seeking justice. She
also said that she is in a very bad financial condition still she is fighting
for justice.

The legal advisor of BELTRON Bhawan said that although
she was not sexually harassed, but, her peon was harassed by the senior
officers. When Ms. Shivani filed a case against the perpetrator she was sacked
from her job along with the victim as a punishment for helping out the victim. Thereafter
a long legal battle continued for 2 years and lastly she got victory in her
case as justice was delivered.

Open session

In the open session many questions of legal aspects
were raised by the participants:

Question:
If a case is pending in the High Court, then in that case can the parties
approach the Supreme Court?

Answer
provided by Abha Sinhgal Joshi: The parties can
approach the Supreme Court under special leave petition under Article 136 and
Art. 32 of the Constitution of India.

Question:
If a person stares women for more than 15 minutes then will it come under the
purview of sexual harassment?

Answer
provided by Abha Sinhgal Joshi: It depends on the
interpretation of the court.

Question:
How could the law students be helpful to this campaign against sexual
harassment of women at workplace?

Answer
provided by Abha Sinhgal Joshi: By associating with
the NGOs and providing legal aid to the needy.

Recommendation

The panel of guests agreed to the recommendations
provided in the report. They did not make any further recommendations.

Vote of thanks

Ms. Shaila Parween, the Programme Officer of Mahila
Jagaran Kendra gave the vote of thanks to the guest, participants, staffs and
the volunteers present in the event.